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That United flight wasn’t even “overbooked” — and that matters legally
Hotair ^ | 04/14/2017 | Cynthia Than

Posted on 04/14/2017 10:48:36 AM PDT by SeekAndFind

The fact that the flight was not overbooked may seem trivial, or pedantic, but there is very important legal distinction to be made. There may not be a difference in how an airline (typically) responds when it needs additional seats, such as asking for volunteers who wish to give up their seat for a voucher or cash. But there is a legal difference between bumping a passenger in the instance of overselling a flight versus bumping a passenger to give priority to another passenger. Any thoughtful person can see the problem that arises if an airline were allowed to legally remove one fare-paying passenger to allow for another passenger it prefers.

Since the flight was not actually overbooked, but instead only fully booked, with the exact number of passengers as seats available, United Airlines had no legal right to force any passengers to give up their seats to prioritize others. What United did was give preference to their employees over people who had reserved confirmed seats, in violation of 14 CFR 250.2a. Since Dr. Dao was already seated, it was clear that his seat had already been “reserved” and “confirmed” to accommodate him specifically.

A United Airlines spokesperson said that since Dr. Dao refused to give up his seat and leave the plane voluntarily, airline employees “had to” call upon airport security to force him to comply. However, since the flight was not overbooked, United Airlines had no legal right to give his seat to another passenger. In United Airline’s Contract of Service, they list the reasons that a passenger may be refused service, many of which are reasonable, such as “failure to pay” or lacking “proof of identity.” Nowhere in the terms of service does United Airlines claim to have unilateral authority to refuse service to anyone, for any reason (which would be illegal anyway).



TOPICS: Culture/Society; News/Current Events
KEYWORDS: aviation; overbook; ual; unitedairlines
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To: E. Pluribus Unum

Dao didn’t start screaming until they head-slammed and concussed him. You do know that he’s undergone facial reconstruction surgery, right? A broken nose and two knocked out teeth contributed to the mess.


21 posted on 04/14/2017 11:05:06 AM PDT by Fantasywriter (Any attempt to do forensic work using Internet artifacts is fraught owith pitfalls. JoeProbono)
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To: SeekAndFind

So, the flight was not overbooked? Well, that check is going to hurt when he cashes it.


22 posted on 04/14/2017 11:05:40 AM PDT by Vendome (I've Gotta Be Me - https://www.youtube.com/watch?v=wH-pk2vZG2M)
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To: gibsonguy

I wonder if their computer had “randomly” picked a black person or a Latin-American person, if they would have ignored that pick and tried the computer again. The airline may have assumed that a white or Asian person has no rights—but would they have made the same assumption in the case of someone from one of the “protected classes”?


23 posted on 04/14/2017 11:06:04 AM PDT by Verginius Rufus
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To: Mr. K

THE AIRLINES SOMETIMES *NEED* TO MOVE A PILOT AND CREW


Charter a plane and move them.


24 posted on 04/14/2017 11:06:39 AM PDT by CIB-173RDABN (US out of the UN, UN out of the US)
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To: Cementjungle

‘We don’t know for certain if this was the case here or not... the CEO implied it was, but we don’t yet know.’

If they settle out of court we’ll likely never know.


25 posted on 04/14/2017 11:07:06 AM PDT by Fantasywriter (Any attempt to do forensic work using Internet artifacts is fraught owith pitfalls. JoeProbono)
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To: Fantasywriter

Just another homosexual Clock Boy.


26 posted on 04/14/2017 11:08:21 AM PDT by E. Pluribus Unum (Some people consider government to be a necessary evil, others their personal Ponzi scheme.)
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To: SeekAndFind
A United Airlines spokesperson said that since Dr. Dao refused to give up his seat and leave the plane voluntarily, airline employees “had to” call upon airport security to force him to comply.

I love the use of the word "voluntarily"!!!


27 posted on 04/14/2017 11:09:13 AM PDT by samtheman (Trump++)
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To: Mr. K

Why are you yelling and complaining. Your United stock took a quick beating, but has pretty much rebounded. It was $70.11 last Friday, $69.13 today.

Now go take your meds.


28 posted on 04/14/2017 11:10:36 AM PDT by PAR35
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To: Pollster1

the ticket is a contract. there are consequences to breaking a contract. I hope Mr Dao takes United to the cleaners


29 posted on 04/14/2017 11:10:38 AM PDT by SecAmndmt (Arm yourselves!)
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To: confederatecarpetbag

I heard United is adopting a new slogan:
“You are now NOT free to move about the cabin”
~~~~~~~~~~~~

“You are free to be dragged around the cabin as we beat you bloody. Enjoy your flight!”


30 posted on 04/14/2017 11:11:05 AM PDT by LouieFisk
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To: Mr. K

“EVEN IF THE PILOT JUST DOES NOT LIKE THEM”

It is my understanding the pilot can do that very thing, but ONLY the pilot. There is another article going around that claims the pilots had nothing to do with this decision. United screwed the pooch on this one.


31 posted on 04/14/2017 11:11:18 AM PDT by bk1000 (A clear conscience is a sure sign of a poor memory)
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To: gibsonguy

Boy aint that the truth.

I would start the offers to settle at 2 or 3 male prostitutes for a 3 day binge and go from there.


32 posted on 04/14/2017 11:11:39 AM PDT by Delta 21 (The minority demands NOTHING !)
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To: TheTimeOfMan

exactly


33 posted on 04/14/2017 11:11:49 AM PDT by SecAmndmt (Arm yourselves!)
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To: TheTimeOfMan
IMO airlines should be allowed to overbook. However, if there are more passengers than seats I don’t think they should be allowed to boot anyone involuntarily. They should be forced instead to offer higher and higher amounts of cash (not vouchers) until they find sufficient volunteers. I don’t care if the bidding gets to $50k.

It would be a lot cheaper than what they're going to have to pay out now, not to mention the PR damage. It will take at least 10 years for United to live this down.

34 posted on 04/14/2017 11:11:58 AM PDT by American Quilter (Let's see those vetting processes, and the proposed tax cuts, and the wall plans!)
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To: Harmless Teddy Bear

“....the company is trying frantically to cover it’s nakedness with the pages of fine print that was written by lawyers.”
************************************************
Ahh... “fine print ...written by lawyers”? I guess you mean the contract/agreement between the airliner and its passengers?


35 posted on 04/14/2017 11:12:57 AM PDT by House Atreides (Send BOTH Hillary & Bill to prison.)
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To: Mr. K

THE AIRLINES SOMETIMES *NEED* TO MOVE A PILOT AND CREW

*****************

You are absolutely correct. But now the question becomes what are the rules/regs/etc that
govern the process. Next when did did UA become aware of the need to move that crew?
Was it before they boarded all the people, after they boarded all the people, etc?


36 posted on 04/14/2017 11:12:58 AM PDT by deport
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To: SeekAndFind

37 posted on 04/14/2017 11:13:11 AM PDT by samtheman (Trump++)
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To: SeekAndFind

Change “United Airlines” to “Dr Dao Airlines” sounds like what is about to happen.


38 posted on 04/14/2017 11:13:26 AM PDT by exnavy
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To: E. Pluribus Unum

No, not a Clock Boy. If he’d been Muslim or black, there is no chance in the world that he’d have been tased, brain-injured and put in the hospital. Asian is not a protected class.


39 posted on 04/14/2017 11:13:31 AM PDT by Fantasywriter (Any attempt to do forensic work using Internet artifacts is fraught owith pitfalls. JoeProbono)
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To: dirtboy

“Please point out your legal rationale here.”
~~~~~~~
But it’s in ALL CAPS, doesn’t that count for something?


40 posted on 04/14/2017 11:13:38 AM PDT by LouieFisk
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